The motor trade in Pakistan runs on documents that are frequently incomplete — open transfer letters, undated papers, and vehicles that have changed hands four times without a single registration being updated.

That works until a vehicle is involved in an accident, a crime, or a dispute — and then the person still shown in the record answers for it.

The open transfer letter problem

The standard practice: the seller signs the transfer letter and hands over the file, the buyer registers "later", and later never comes.

The consequences fall on the registered owner:

  • Traffic violations and challans follow the registration
  • Token tax liability continues
  • If the vehicle is used in an offence, the registered owner is the first person the police contact
  • Civil liability questions after an accident begin with the registered owner
  • The vehicle can be sold on repeatedly, each buyer relying on the same signed letter

For sellers, the rule is simple: complete the transfer, or at minimum notify the excise authority of the sale in writing and keep proof. Do not accept "we will do it after the file is ready".

For buyers: register it in your name immediately. An unregistered purchase is not ownership you can prove.

See buying a used car in Pakistan.

Dealers: what you are taking on

Verification before purchase. Check the vehicle against the excise record and have the chassis and engine numbers verified. A vehicle with tampered numbers, a non-duty-paid import, or an outstanding lien is a loss and potentially a prosecution. Non-duty-paid vehicles are seized. See customs valuation and duty demands and permits and restricted imports.

Bank finance and liens. Check whether the vehicle is under an existing hire purchase or lease. A financed vehicle sold without the bank's release is a dispute waiting to happen. See bank recovery suits and borrower defences.

What you say about the vehicle. Mileage, accident history and condition — misstating them is misrepresentation, and it founds a claim for rescission or damages, and potentially a criminal complaint. Odometer tampering is fraud.

Consumer obligations. Provincial consumer legislation reaches vehicle sales and repair services, and the notice-and-deadline route applies. See consumer protection claims in Sindh.

Documents. Sale agreement, delivery receipt, transfer letter dated and completed, and a record of what was disclosed. Dealers who document sales are almost never the ones in litigation.

Authorised dealerships

Operating as an authorised dealer for a manufacturer or importer is a distribution relationship governed by the dealer agreement — territory, targets, showroom standards, warranty administration, parts supply, and termination. Read it before signing, and negotiate stock buy-back and the treatment of your investment on termination.

See dealership and distribution agreements and franchising and distribution into Pakistan.

Warranty claims sit between you and the manufacturer; the customer's contract is usually with you. Make sure the agreement says who bears warranty cost and who decides a claim.

Workshops: liability for the vehicle in your custody

A workshop takes possession of property worth many times its daily turnover. The exposures:

Damage while in custody, including test drives — who was driving, and were they licensed and authorised?

Theft or fire at the premises. Insure for vehicles in custody; ordinary premises cover may not extend to customers' vehicles.

Faulty repair causing an accident. The most serious exposure, and one where brake, steering and suspension work attracts particular scrutiny. See professional negligence claims and road accident compensation.

Parts. Fitting counterfeit or substandard parts while charging for genuine parts is both a claim and a criminal exposure. Buy documented, keep invoices, and tell the customer what is being fitted. See counterfeits and brand enforcement.

Delay and unauthorised work, which is the most common everyday dispute.

Reduce all of it with a job card that records: the vehicle and its condition on arrival with photographs, existing damage, fuel level, items left in the car, the work authorised, the estimate, and the customer's signature. Then get written approval — a message is enough — before exceeding the estimate.

Lien. A repairer generally has a right to retain the vehicle for unpaid repair charges properly incurred, but exercising it wrongly, or over disputed or unauthorised work, creates liability of its own. Take advice before holding a vehicle against a large disputed bill.

Insurance repair work

Working on insurer-approved panels brings its own contract: approved rates, audit and disallowance rights, payment timelines, and who bears rejected items. Disallowances after work is completed are the recurring complaint, and the answer is in the panel agreement you signed.

Where a customer's claim is refused by the insurer, they will look to you for the bill. Make clear in writing, before work starts, who is liable for payment if the claim fails. See a rejected insurance claim.

Setting up

Structure. A company — custody of high-value assets and accident exposure make this straightforward. See choosing a business structure.

Premises. Permitted use, and note that workshops generate environmental obligations — waste oil, effluent, paint booth emissions and noise are exactly what inspectors look at. See environmental compliance and commercial lease negotiation.

Staff. Appointment letters, EOBI and SESSI, safety equipment and training. Workshops are high-injury environments and an injured mechanic without registration is a serious liability. See employment contracts and employer registrations.

Tax. Sales tax on services where applicable, and withholding on your payments. See sales tax registration and withholding tax obligations.

For overseas Pakistanis

Two recurring problems: a vehicle left with family that remains in your name and accumulates violations, and vehicles "bought" remotely through a relative or dealer with no transfer completed.

Deal with the registration position properly before you leave, or through a power of attorney afterwards. See powers of attorney from abroad and property and asset scams against overseas Pakistanis.

How the firm can help

We draft sale agreements, job cards, workshop terms and dealer agreements, advise on transfer and lien issues, act in disputes over defective vehicles, repair liability and insurer disallowances, and deal with seizure and duty issues on imported vehicles.

See corporate and commercial, or contact the firm.